Cecil v. Smith

OPINION ON REMAND

COLLEY, Justice.

On April 16,1990, we delivered our original opinion, followed by our opinion on Appellant’s Motion for Rehearing in this cause. 790 S.W.2d 709 (Tex.App. — Tyler 1990), rev’d and remanded, 804 S.W.2d 509 (Tex.1991). Although we invited each party to file new or supplemental briefs on remand, neither party has elected to do so.

Martha L. Wisdom (hereinafter “Decedent”), the mother of appellant Mildred Cecil and appellee Charles Madison Smith, died testate on May 7, 1985. Under the provisions of her will, she devised and bequeathed all of the property she died…